Judge Orders Release Of Kilmar Abrego Garcia From Immigration Detention

U.S. District Judge Paula Xinis has ordered the immediate release of Kilmar Abrego Garcia from immigration detention. On Thursday (December 11), Judge Xinis stated that Abrego Garcia has been detained without lawful authority since his wrongful deportation to El Salvador. Despite a 2019 court order preventing his deportation to El Salvador due to fears of persecution, he was sent there in March. He was later brought back to the United States to face human smuggling charges in Tennessee, to which he has pleaded not guilty.

After being released into the custody of his brother in Maryland, Abrego Garcia was again detained by immigration authorities and held in Pennsylvania. Judge Xinis's order highlights that the government lacked a removal order, preventing them from deporting Abrego Garcia from the U.S. The government had attempted to deport him to various African countries, including Liberia, but none were viable options.

Abrego Garcia, a Salvadoran national, has lived in Maryland with his wife and children. His case became a focal point for those opposing President Donald Trump's immigration policies, which accused him of being an MS-13 gang member, a claim he denies. Judge Xinis's ruling marks a significant legal victory for Abrego Garcia, who has sought release from immigration custody for months. He will be subject to pre-trial release conditions, including electronic monitoring, as he awaits trial in Tennessee. Abrego Garcia is also petitioning to reopen his immigration case to seek asylum in the United States.

Judge Xinis criticized the government's handling of the case, stating that their actions did not align with the basic purpose of effecting a timely removal. The judge's order requires the government to notify Abrego Garcia of his release details by 5 p.m. EST.